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FOLEY CO. v. GRINDSTED PRODUCTS, INC.

No. 54,594

233 Kan. 339 (1983)

662 P.2d 1254

FOLEY COMPANY, Appellee, v. GRINDSTED PRODUCTS, INC, Defendant, and NIRO ATOMIZER INC., Appellant, and JOHNSON COUNTY AIRPORT COMMISSION, Defendant.

Supreme Court of Kansas.

Opinion filed April 29, 1983.

Attorney(s) appearing for the Case

L. Franklin Taylor, of Payne & Jones, Chartered, of Olathe, argued the cause, and Keith Martin, of the same firm, and Timothy L. Mullin, Jr., of Miles & Stockbridge, of Baltimore, Maryland, were with him on the brief for appellant.

R.W. Miller, of Miller and Glynn, P.C., of Kansas City, Missouri, argued the cause, and Kevin E. Glynn, Weldon H. Fannen and W.J. DeBauche, of the same firm, and James M. Sheeley, of Kansas City, were with him on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is a dispute between plaintiff subcontractor, Foley Company, and defendant general contractor, Niro Atomizer, Inc., concerning the confirmation of an arbitration award by the district court. Defendant Niro appeals from the judgment of the district court confirming and refusing to vacate the arbitration award entered in favor of plaintiff Foley.

Niro entered into a general construction contract...

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